French Competition Authority (Paris)

Stanislas Martin

French Competition Authority (Paris)
Rapporteur Général

Specialised in French and European competition law, particularly mergers and State aids, as well as European corporate law, European law on free movement of capital and on the right of establishment. Experienced in legislative procedures at the European Community and French level. He has published various articles on European and French competition law and policy. Stanislas is Rapporteur General at the French Competition Authority (Autorité de la concurrence). Before that, Stanislas was Director Regulation and Security at the French Ministry of Economics, Finance and Industry, General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF) (2009-2017), Deputy Rapporteur General at the French Competition authority (Autorité de la concurrence), lawyer with Clifford Chance as Of Counsel (2005-2009), and Deputy Finance Counsellor at Permanent Representation of France to the EU (2004-2005). He was previously head of Merger and Sate aid Unit at DGCCRF (1999-2004).

Linked authors

French Competition Authority (Paris)
University of Perpignan
French Competition Authority (Paris)
French Competition Authority (Paris)
French Competition Authority (Paris)

Articles

87337 Bulletin

Stanislas Martin The French Minister of Economics conditionally clears a conglomerate merger in the sector of component for rolling shutters aimed at preventing "mixed" bundling and technical tying (Somfy / Zurflüh-Feller)

2123

The operation In this case, the Minister cleared the acquisition of Somy and Zurflüh-Feller with remedies. Both companies are manufacturing components for shutters, with strong market shares, but small horizontal overlaps, each company being specialised in different components. The (...)

Stanislas Martin The French Minister of Economics clears with remedies a merger in the retail sector subject to outlets divestment and commitment not to expand or open new outlets (Vivarte / Super Sport)

2072

The operation In this case, the Minister cleared the acquisition of Vivarte and Supersport with remedies. Both companies are retailers of shoe, clothes and sport equipments. The market(s) The relevant markets were the retail market of low-cost clothes and the retail market of low-cost (...)

Stanislas Martin The French Minister of Economics cleared with remedies a merger in the retail sector subject to outlets divestment and commitment not to expand or open new outlets (Vivarte / Défi Mode)

2143

The operation In this case, the Minister cleared the acquisition of Vivarte and Défi Sport with remedies. Both companies are retailers of clothes. The market(s) The relevant market is the retail market of low-cost clothes. The geographic dimension of the market is local. Remedy 1 (...)

Stanislas Martin The French Minister of Economy clears a merger in the rail fastening sector with remedies, including commitment to license IP, or, if no licensee is found, to let the IP rights fall into the public domain (Delachaux / Pandrol)

3110

The operation Through this transaction, Delachaux acquired the sole control of Pandrol. Both companies were active in the rail fastening sector. The market(s) The product market was the rail fastening devices. On this market, different technologies may be used, each technology being (...)

Stanislas Martin The French Minister of Economy cleared in Phase II a merger in the press sector with structural and behavioural commitments, including bundling prohibition and termination of exclusive contract (France Antilles / Comareg)

3265

The operation In the case at hand, Vivendi Universal Publishing sold its entire equity interest in Comareg to France Antilles. Following the opinion given by the competition council, the Minister cleared the merger subject to structural and behavioral remedies. The market(s) The markets (...)

Stanislas Martin The French Minister of Economy cleared a merger in the sector of distribution with remedies including divestitures and non-expansion of sales areas (Leroy Merlin / OBI)

1999

The operation The French Minister of Economy clears a concentration by which the undertaking Leroy Merlin acquires sole control of OBI. The market(s) The sector involved in the present concentration is the retail trade and procurement of DIY products. The market was further sub-segmented (...)

Stanislas Martin The French Minister of Economy clears a merger in Phase I in the market of building material retail with a commitment to supply products to any new entrants (Point P / Ardi)

1867

The operation The Minister authorized the merger between Ardi, a building material wholesaler, and Point P, a subsidiary of Saint Gobain. The market The Minister assessed the relevant market for retailing of building products on a product by product basis and focused his analysis on the (...)

Stanislas Martin The French Minister of Economics cleared a merger in the sector of waste treatment subject to remedies aimed at limiting range effects (FCPR Partenaires Midcap / Galicier + Pressor)

1828

The operation By a letter dated of 20 September 2000, the Minister reached a decision of clearance, in which he authorised the acquisition of two goups, Pressor and Galicier, by Midcap following the commitments offered by the parties to remove competition concerns raised by the merger. The (...)

Stanislas Martin The French Minister of Economics clears a merger in the market for respiratory protection equipment with remedies including selling on a non-discriminatory basis and granting of a manufacture licence (Mine Safety Appliances - MSA / CGF Gallet)

1797

The operation In this case, the Minister cleared the acquisition of CGF-Gallet by MSA-Gallet with remedies. Both companies are manufacturer and provider of protection equipments of individuals including respiratory protection equipments, helmets and accessories. The market(s) The (...)

Stanislas Martin The French Minister of Economy clears a merger in the markets for site location and maintenance for wireless communication operators with remedies, including non discriminatory treatment (TDF / Bouygtel)

2446

The operation In this operation, France Telecom, through its subsidiary TDF, will acquire the terrestrial broadcasting sites owned by Bouygtel. The market(s) The markets involved are the site location and maintenance for wireless communication operators. Remedy 1: Non discriminatory (...)

Stanislas Martin The French Minister of Economy clears a merger in the consumer goods retail sector subject to remedies preventing the buyer from converting the stores acquired into supermarkets (Galeries Lafayette / Marks and Spencer)

2136

The operation By the present transaction, Galerie Lafayette SA ("GL"), which is active in the retail sector throughout several department stores and the Monoprix chain, acquires the 18 French stores of Marks & Spencer. It should be noted that the transfer of assets is limited to the (...)

Stanislas Martin The French Minister of Economy clears in Phase II an extra-territorial merger in the flight services sector subject to behavioural remedies consisting of an information barrier (Boeing / Jeppsen)

2316

The operation The Minister cleared in phase II a merger between Boeing and Jeppesen subject to remedies. The markets The markets involved were the flight planning services, the flight operating services, the flight information services and the accessories. The relevant markets were (...)

Stanislas Martin The French Minister of Economy clears a merger in the the market for electricity supply subject to remedies, including divestiture (Vivendi Environnement / EDF / Dalkia)

7523

The operation The Minister clears the acquisition of joint control by EDF and Vivendi Environement of certain Dalkia’ subsidiaries. The market(s) Electricity supply, cogeneration, facilities management. Remedy 1 Given the monopolistic position of EDF in the market for the supply of (...)

Stanislas Martin The French Minister of Economy clears a merger in the market for manufacturing and retail of locksmith hardware subject to hold separate retail networks (Assa Abloy / Fichet Serrurerie Bâtiment)

1791

The operation Acquisition of sole control of Fichet by Assa Abloy. The market(s) concerned by remedy(ies) Manufacturing and retail of locksmith hardware Remedy 1 In its opinion, the Competition council considered that, even if both parties operated well-known brands, competition (...)

Stanislas Martin The French Minister of Economics clears a merger in the energy sector with remedies, including output restriction and cross-subsidies prevention (EDF / Siemens-Cogema / Clemessy )

3538

The operation EDF and Cogema through their subsidiaries SDS and Tasys have acquired 45% of SRPG, a company that holds 67,39% of Clemessy. EDF is a French energy group active in all activities of the value chain including the supply of electricity in France. Clemessy is active in the supply (...)

Stanislas Martin The French Minister of Economics cleared a merger in the cash transit services sector subject to remedies, including divestiture and capital restructuring (UBS Capital/Serse)

2018

The operation The French Minister of Economy cleared a concentration by which the group UBS Capital acquires sole control of Serse. The market(s) The market involved is the cash in transit services. Remedy 1: Divesture Post merger, the new entity will hold a dominant position in 13 (...)

Stanislas Martin The French Minister of Economics clears a merger in the anti-theft electronic systems market, subject to the termination of tied sales (Checkpoint Systems Inc / Meto)

2123

The operation In this case, the Minister cleared the acquisition of Meto by Checkpoint Systems Inc with remedy. Both companies are provider of electronic systems of anti-theft security including labelling solutions for article identification and security, barcode verifiers, theft-prevention (...)

Stanislas Martin The French Minister of Economics clears in phase II the creation of a joint venture in the sector of production and sale of de-icing salt subject to divestiture, obligation of supply and withdrawing the use of a trademark (CSME / MDPA / SCPA / ROCK )

1823

The operation Following the Commission’s decision of full referral, the French Minister of Economy authorised the creation of a joint venture between two companies active in the sale of de-icing salt subject to voluntary remedies. The markets concerned by remedies The market concerned by (...)

Stanislas Martin The French Minister of Economics clears a merger in the cotton products sector with remedies including restriction of advertising investments, withdrawing use of a trademark and prohibition of reference rebates (Fort James / Demak’up)

2476

The operation Fort James acquired the Demak’Up and Happy Bébé brands from the Procter & Gamble Company. The markets The sector involved is the manufacturing and marketing of cotton products. Remedy 1: Withdrawing the use of a trademark Post-merger, Fort James will have a market (...)

159913 Review

Gönenç Gürkaynak, Simon Holmes, Stanislas Martin, Umberto Berkani, Elise Provost Sustainable development: What role for competition policy? (New Frontiers of Antitrust, 3 Nov. 2020)

1547

Contents: Does welfare include the green factor? Integration of sustainability into competition law , Gönenç Gürkaynak, Founding Partner, ELIG Gürkaynak Attorneys-at-Law, Istanbul, Member of Faculty, Bilkent University Faculty of Law, and Bilgi University Faculty of Law Competition policy (...)

Muriel Chagny, Nicolas Guérin, Irène Luc, Stanislas Martin, Anne Wachsmann The settlement procedure: Which enforcement in France? (Rendez-Vous de l’Autorité - Paris, October 2nd, 2018)

651

Three years after the introduction of the settlement procedure into the tools available to the Competition Authority, the Authority was able to witness the success and the very strong development of this procedure, with companies increasingly soliciting its application. Before the adoption of (...)

Bruno Lasserre, Claude Lazarus, Francis Amand, Frederic Jenny, Jean Courtial, Laurence Idot, Stanislas Martin, Thomas Hoehn Conference: Merger remedies under the new French regime (Paris, 18 12 2008)

5141

Since its creation in 2004, the journal Concurrences has been organizing a colloquium. The topics covered have naturally been varied: from the adaptation of the French system to Regulation 1/2003 to the place of competition in the Treaty of Lisbon, through banking and finance issues and the (...)

Stanislas Martin Buyer Power: The French Minister of Economy clears a merger raising the question whether, under French substantive test, and unlike substantive test provided for in ECMR, buyer power resulting in economic dependency of suppliers may constitute in itself an impediment of competition, even absent any harm to consumers welfare (Bigard/Socopa)

2805

Min. Éco, February 17, 2009, Bigard / Socopa, aff. C2008-100, BOCCRF n°2bis of April 2, 2009 The last decision with commitments issued by the Minister, before the transfer of competence to the Competition Authority, also addresses, like the Commission’s Friesland/Campina decision commented (...)

Stanislas Martin Buyer power - Remedies: The European Commission recalls that buyer power is not a competition concern in itself, but may lead to foreclosure of downstream competitors and clears a near-monopoly on an upstream procurement market under conditions aiming at preventing foreclosure of downstream competitors (Friesland Foods/Campina)

2571

EC Commission, 17 December 2008, Friesland Foods / Campina, Case COMP/M.5046 EC Comm, 17.12.08, Friesland Foods / Campina, Case COMP/M.5046 The merger between Frieslands Food and Campinia, two major players in the dairy sector in the Netherlands, led to significant market share additions in (...)

Stanislas Martin Full fonction JV - Spill over: The European Commission clears the creation of a JV in the auction services of cross-border interconnection capacities and deems the JV to be full-function and considers it would not lead to any significant spill-over effects as to the coordination of the competitive behaviour of the parent companies (CASC JV)

3214

EC Comm, 14 August 2008, CCAC JV, Case COMP/M. 5154 The operation consists in the creation of a full-function joint venture (JV) between eight European electricity distribution system operators (TSOs), including RTE, the operator of the French electricity transmission network. The main (...)

Stanislas Martin LME Act : The Legislator transfers merger control powers to a newly created competition authority, provides for “stop the clock” provisions, lowers thresholds for retail and overseas territories but the Minister of Economy retains the ability to override a decision of the competition authority on the basis of public interest (LME)

5821

Law n°2008-776 of August 4, 2008 on the modernization of the economy, art. 96, JORF n°181 of August 5, 2008, p.12471 Law 2008-776 of 4 August 2008 on the modernisation of the economy (known as the LME Law) radically reformed French merger control by transferring the powers hitherto held by (...)

Stanislas Martin Clearance with remedies: The Minister of Economy clears two mergers in the retail sectors under conditions which could lead to a freeze or reduction of capacities, in order to lower the barriers to entry resulting from the current legislation on retail zoning (Vivarte/Défi Mode)

3017

Min. Eco, 4 April 2008, Vivarte/Défi Mode, aff. C2008-04, BOCCRF n° 4 bis of 7 May 2008 Min. 30 April 2008, Vivarte/Super Sport, case C2008-16, BOCCRF n° 5 bis of 19 June 2008. In two separate transactions, Vivarte, a shoe and clothing distributor, which owns the La Halle aux Chaussures and (...)

Stanislas Martin Prohibition decision: The European Commission, in its first prohibition decision since the entry into force of Regulation 139/2004, blocks a merger in the air transport sector, the usual remedies package in this sector proving to be ineffective in the present case (Ryanair/Aer Lingus)

3751

EC Commission, 27 June 2007, Ryanair/Aer Lingus, Case COMP/M. 4439. Just because a merger involves two low-cost air carriers does not mean that it is necessarily positive for the consumer! This point was reiterated by EU Competition Commissioner Neelie Kroes at her press conference (...)

Stanislas Martin Army/Defense sector: The European Commission clears a merger to monopoly in the defence sector, in view of (i) the low intensity of competition pre-merger and (ii) the efficiency gains resulting from the operation (BAE Systems/VT/JV)

3579

EC Comm, 17 October 2007, BAE Systems/VT/JV, Case COMP/M. 4640 The operation consisted in the creation of a joint venture (ShipCo) between the two remaining UK military shipyards capable of designing and building surface vessels, controlled by BAE and VT respectively. In addition to the (...)

Stanislas Martin EC Phase II merger clearance: The European Commission clears a merger in Phase II without condition, in spite of a very high share of supply in the UK, pursuant to an in-depth analysis of geographic market definition (Ineos/Kerling)

3747

EC Comm, 30 January 2008, Ineos/Kerling, Case COMP/M. 4734. The present concentration between two PVC producers is a phase II decision without commitment. Even though phase II decisions are most often subject to commitments, and unconditional authorisations are much less frequent, this is (...)

Stanislas Martin Scope of the transaction: The European Commission decides that in successive transactions, whereby some assets of the target are to be sold to a third party after the closing of the first operation, the assets to be divested do not fall within the scope of the first concentration, insofar as no control on a lasting basis is acquired on these assets (Endesa Europa)

7734

EC Comm, 5 July 2007, ENEL/ Acciona/ Endesa, case COMP/M. 4685. EC Comm, 6 August 2007, E.On/ Endesa Europa/ Viesgo, case COMP/M. 4672 These two operations, ENEL/ Acciona/ Endesa followed by E.ON/ Endesa Europa/ Viesgo, bring the Endesa soap opera to a close. It should be recalled that E.ON (...)

Stanislas Martin Collective dominance: The European Commission reassesses collective dominance in the travel sector and recalls the principle of the “first mover advantage” (TUI/First Choice - Karstadtquelle/My Travel)

4093

EC Commission, 4 June 2007, TUI/First Choice, Case COMP/M.4600 ECJ, 4 May 2007, Karstadtquelle/My Travel, Case COMP/M.4601. The two decisions TUI/First Choice (EC Commission, 4 June 2007, Case COMP/M.4600) and KarstadtQuelle/MyTravel (EC Commission, 4 May 2007, Case COMP/M.4601) are (...)

Nadia Calvino, Stanislas Martin Nadia Calvino (DG COMP): The Mergers’ Lady

7088

To begin with, can you tell us something about your background? How did you “fall” into competition law? What are the differences, if any, between doing merger control within a national competition authority and at the European Commission? You actively participated in the 2003 debate on the (...)

Stanislas Martin Structural remedies: The Ministry of Economy clears in phase 1 an operation which raised serious doubts upon condition of removal of the overlap by divestment of the acquirer activities (Ista/Celliande)

4134

Min. Éco, September 28, 2006, Ista / Celliande, aff. C2006-87, BOCCRF n° 8 ter of November 22, 2006 The transaction consisted in the acquisition by Ista, controlled by CVC Capital Partners, of Celliande. These two companies are notably active in the sector of sub-metering, which consists in (...)

Stanislas Martin Juridisctional notice: The European Commission publishes a draft Consolidated Jurisdictional Notice to replace the notices on the concept of concentration, on the concept of full-function joint venture, on the concept of undertaking concerned and on calculation of turnover (EC Comm. 28 september 2006)

4893

EC Commission, Draft Notice on the Commission’s powers in merger control, public consultation, 28 September 2006, Press Release IP/06/1273 On 28 September 2006, the European Commission launched a public consultation on draft guidance clarifying the Commission’s current practice on (...)

Stanislas Martin Suspension of operation: The European Commission clears a merger despite high market shares, as the parties offer products that are not close substitutes and competitors possess considerable excess capacity to counter any attempt to raise prices (Orica/Dyno)

3865

EC Comm, 23 May 2006, Orica / Dyno, Case COMP/M.4151 The present concentration, in the detonators and explosives sector, was originally notified in Sweden, Germany and Norway and was referred to the Commission by these States, pursuant to Article 22 of Regulation (EC) No 139/2004 and Article (...)

Stanislas Martin "Gap Case": The European Commission clears under conditions the first “gap case” since the entry into force of the Merger Regulation 139/2004 and the SIEC test (T-Mobile Austria / tele.ring)

5671

EC Comm, 26 April 2006, T-Mobile Austria / Tele.ring, case COMP/M.3916 The Commission’s decision is interesting for several reasons: it is based on unilateral effects in the absence of a dominant position. As such, it could constitute the first gap case since the adoption of the new (...)

Christophe Strassel, Stanislas Martin Is EC State aid policy a competition policy ?

7948

Stanislas Martin and Christophe Strasse, Counsellors at the Permanent Representation of France to the European Union 1. State aid policy has developed in a singular way, somewhat apart from the other branches of Community competition policy. Admittedly, the various articles of the Treaty (...)

Stanislas Martin Competitive assessment: The French Minister of Economy authorises a television and radio joint venture that will not be active on the national territory (TF1/France Télévisions/CFII)

4250

Min. Éco, May 25, 2005, TF1 / France Télévisions / CFII, aff. C2005-23 The creation of the French international news channel (CFII) was unconditionally authorised on 25 May 2005. The creation of this joint venture between TF1 and France Télévisions was subject to merger control in view of (...)

Stanislas Martin Five years of French merger control (2002-2004)

4808

* The author was head of the Merger Bureau at the Directorate General for Competition, Consumer Affairs and Fraud Control from February 2002 to July 2004. The opinion presented here is expressed in a personal capacity and does not commit his former Directorate or the institution to which he (...)

Stanislas Martin Settlements: The European Commission considers that an up-front buyer can guarantee the viability of the divested assets and encourage new entry in the market (Sonoco/Ahlstrom)

4898

EC Comm, 6 October 2004, Sonoco / Ahlstrom / JV, Case COMP/M.3431 Sonoco and Ahlstrom, both active in the cores sector (cores: cardboard tubes forming the core of a paper or textile roll, ranging from toilet paper to large rolls used by the printing or textile industry) and the cardboard (...)

Stanislas Martin Transaction: The French Minister of Economy accepts commitments in a transaction in which a derogation to the suspensory effect was granted (Charles André/Citaix)

4409

Min. Éco, September 2, 2004, Charles André / Citaix, aff’d C2004-85 This operation, in the sector of transport of dangerous goods (petroleum products), gave rise to substantial additions of market shares in two regional markets. In order to resolve the competition concerns raised by this (...)

Stanislas Martin Remedies: The French Minister of Economy considers that settlements eliminating all concerns pertaining to a transaction are admissible in Phase I (General Electric/Invision)

4125

Min. Eco, 2 August 2004, General Electric / Invision, Case C2004-098 The acquisition of Invision, a company active in the areas of explosives detection used in airports for the inspection of hold baggage ("EDS equipment") and non-destructive testing for materials analysis ("NDT"), by General (...)

Stanislas Martin Commission’s juridiction: The ECJ rules that Article 21-4 Regulation (CE) 139/2004 gives the Commission a decisional power to protect its exclusive jurisdiction vis-à-vis the Member States (Portugal/Commission)

4235

ECJ, 22 June 2004, Portugal v. Commission, Case C-42/01 First of all, let us recall the balance of Article 21 of the Merger Regulation. The Commission has exclusive jurisdiction to examine transactions of a size Community and member states do not apply their competition law to these (...)

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